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Articles 331 - 360 of 399

Full-Text Articles in Transportation Law

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino Apr 2000

Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino

Cornell Law Faculty Publications

No abstract provided.


Why Arkansas Should Overturn Its Anti-Stacking Precedent: A Look At Aggregating Uninsured And Underinsured Motorist Coverage, Neil Chamberlin, J. Stephen Holt Apr 1999

Why Arkansas Should Overturn Its Anti-Stacking Precedent: A Look At Aggregating Uninsured And Underinsured Motorist Coverage, Neil Chamberlin, J. Stephen Holt

University of Arkansas at Little Rock Law Review

No abstract provided.


None For The Road: Addressing The Problem Of Uninsured Vehicles And Drivers In Arkansas, Phillip D. Oliver Jan 1999

None For The Road: Addressing The Problem Of Uninsured Vehicles And Drivers In Arkansas, Phillip D. Oliver

University of Arkansas at Little Rock Law Review

No abstract provided.


Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson Jan 1998

Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson

Faculty Scholarship

The Minnesota No-Fault Automobile Insurance Act was intended to ensure the “prompt payment of specific basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident,” to prevent overcompensation of less seriously injured people by the interposition of tort thresholds, and to encourage appropriate medical and rehabilitation treatment by assuring prompt payment for that treatment. It seems clear that at least some of the initial promise of the Act has not been fulfilled. Payment of basic economic loss benefits, which the legislature intended to be paid promptly, has become bogged down in a quagmire …


The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse Jan 1995

The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse

Maryland Law Review

No abstract provided.


Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell Jan 1994

Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell

University of Richmond Law Review

Automobile liability insurance coverage is considered one of the basic necessities of modern living, following closely on the heels of shelter and food. This priority is the outgrowth of two facts of life: one, that automobile transportation is practically unavoidable and two, that automobile accidents are practically inevitable. Thus, the shadow of liability for the damage and the suffering of automobile accidents falls across most of the American population. Because the losses which may be sustained by the negligent-and the innocent alike-are so great, the need for protection has escalated to the top of modern society's list of indispensable commodities. …


Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie Jan 1987

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …


Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton Jan 1983

Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton

Seattle University Law Review

This note examines Mutual of Enumclaw Insurance Company v. Wiscomb. The note supports the court’s decision to prohibit unbargained for family exclusion clauses, because it furthered the policies exemplified in the Financial Responsibility Law and the Underinsured Motorist Statute and acted consistently with its decision abrogating intrafamily tort immunity. However, the note argues that by suggesting it would uphold truly bargained for family exclusion clauses denying coverage to named insureds, the court ignored its own pronouncement declaring such clauses against this state’s policy of assuring compensation for the protection of innocent victims of negligent motorists.


A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson Jan 1981

A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson

Faculty Scholarship

The Minnesota No-Fault Act has undergone substantial change since its enactment in 1974. Recent legislative modifications and judicial constructions of the Act's provisions have served to correct earlier deficiencies, but have raised new and complex problems of interpretation. In light of these developments, Professor Steenson provides an overview that explains how the Act functions. After tracing the history of automobile insurance regulation in Minnesota, Professor Steenson examines in detail the various compulsory and optional insurance coverages under the Act, the proper sources of payment under those coverages, and the limitations imposed by the Act on the right to recover damages …


Insurer Intervention In Uninsured Motorist Cases, Alan W. Becker Jul 1980

Insurer Intervention In Uninsured Motorist Cases, Alan W. Becker

Indiana Law Journal

No abstract provided.


A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber Jan 1980

A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber

Law Faculty Articles and Essays

To fully appreciate the life-saving and injury-reduction capacity of seat belt restraint systems, it is necessary to examine several non-legal topics which have direct bearing on what the law should reflect. In addition, these topics could prove to have practical application for the attorney attempting to establish the necessity for judicial acceptance of the seat belt defense. These areas include: (1) the human and economic toll arising from automobile accidents; (2) the events that take place during an automobile collision in terms of vehicle dynamics and occupant kinematics; and (3) the effects of a seat belt restraint system upon occupant …


Insurance Law-Uninsured Motorist Coverage-Insurers Extending Liability Coverage Into Mexico Need Not Provide Coextensive Uninsured Motorist Coverage- Transamerica Insurance Co. V. Mckee, Roger C. Decker Mar 1977

Insurance Law-Uninsured Motorist Coverage-Insurers Extending Liability Coverage Into Mexico Need Not Provide Coextensive Uninsured Motorist Coverage- Transamerica Insurance Co. V. Mckee, Roger C. Decker

BYU Law Review

No abstract provided.


No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson Jan 1976

No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson

Faculty Scholarship

The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.


Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones Jan 1975

Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones

University of Michigan Journal of Law Reform

Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …


No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little Jan 1975

No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little

University of Michigan Journal of Law Reform

This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …


Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber Jan 1971

Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber

Law Faculty Articles and Essays

It is the purpose of this article to review the decisional law of automobile crashworthiness and to place it in the context of important policy considerations which justify such judicial determinations. It will be shown that the great majority of these decisions are entirely consistent with the doctine of "strict tort liability" as enunciated in section 402A of the Restatement of Torts, Second; that the questions sought to be submitted to juries in these cases are properly the subject of highly technical and complex legislative and administrative action on both a state and federal level; and that the few decisions …


Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.


Compulsory No-Fault Medical Insurance For Automobile Owners, William L. Schlosser Jan 1970

Compulsory No-Fault Medical Insurance For Automobile Owners, William L. Schlosser

University of Michigan Journal of Law Reform

The enactment of the Massachusetts compulsory no-fault insurance bill, and Senator Phillip Hart's recent introduction of national no-fault insurance legislation, indicate the serious consideration no-fault insurance is receiving as a method of reforming the existing auto accident compensation system. The current tort system of recovery of auto accident medical expenses is inefficient, and, in many cases, does not adequately compensate the injured parties. Compulsory no-fault insurance is well suited to remedy these deficiencies. Under a no-fault insurance plan, benefits would be paid without regard to the question of fault; consequently, every accident victim would receive compensation without first having to …


Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi Jan 1969

Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Uninsured Motorist Defined, Henry A. Hentemann Jan 1967

Uninsured Motorist Defined, Henry A. Hentemann

Cleveland State Law Review

An attempt will be made to explore the court interpretations of the standard policy definition of "uninsured automobile." However, when reviewing such, three basic consider-tions must be borne in mind. One is that many states have so-called uninsured motorist statutes which contain purpose and intent sections upon which the courts may have relied in allowing a liberal construction to achieve the purpose intended by the legislature. The second is that simple contract law, without statutory influence, requires that the words employed be given their plain and commonly understood meaning. Thirdly, however, any ambiguity in an insurance contract, it being a …


The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker Jan 1966

The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker

William & Mary Law Review

No abstract provided.


The Family-Household Exclusion Clause In Auto Liability Insurance Mar 1965

The Family-Household Exclusion Clause In Auto Liability Insurance

Washington and Lee Law Review

No abstract provided.


The Financially Irresponsible Motorist: A Survey Of State Legislation, Fredric C. Jacobs Jan 1965

The Financially Irresponsible Motorist: A Survey Of State Legislation, Fredric C. Jacobs

Villanova Law Review (1956 - )

No abstract provided.


Pleading Under The Virginia Uninsured Motorist Statute, Daniel Hartnett Mar 1964

Pleading Under The Virginia Uninsured Motorist Statute, Daniel Hartnett

Washington and Lee Law Review

No abstract provided.


Private Insurance As A Solution To The Driver-Guest Dilemm, Harvey R. Friedman Jan 1964

Private Insurance As A Solution To The Driver-Guest Dilemm, Harvey R. Friedman

Michigan Law Review

The duty of the driver of an automobile to his nonpaying passenger, and liability arising from the breach of that duty, has long presented a troublesome area of litigation for the courts and the parties involved. Application of standards unsuited for the peculiar risks of automotive transportation has produced inadequate compensation in some cases and excessive recoveries in others. Meanwhile, trial calendars are overcrowded with personal injury litigation, and insurance companies must bear the awards of sympathetic juries and those resulting from collusion between passenger and driver. The over-all expense of this method of determination of liability, far too little …


Uninsured Motorist Coverage, Henry A. Hentemann Jan 1963

Uninsured Motorist Coverage, Henry A. Hentemann

Cleveland State Law Review

This article is concerned with the insurance contract that provides this unique coverage and the legal problems that surround some of its major provisions. Many of these, however, are not yet fully resolved. This is due to the relatively early stage of its development and to the fact that existing decisions are too few and too fragmentary to permit a statement of controlling rules or principless Nevertheless, the problems will be posed and the principles of law and the cases will be explored. The article will concern itself with the right of subrogation, the arbitration clause and the applicable statute …


Virginia's Experience With The "Uninsured Motorist" Act, John M. Court Mar 1962

Virginia's Experience With The "Uninsured Motorist" Act, John M. Court

William & Mary Law Review

No abstract provided.


Materiality Of Ownership In Auto Liability Policies Mar 1962

Materiality Of Ownership In Auto Liability Policies

Washington and Lee Law Review

No abstract provided.


Insurance - Omnibus Clause - Unauthorized Driver Covered Where Car Used For Permitted Purpose, Richard S. Cohen Mar 1962

Insurance - Omnibus Clause - Unauthorized Driver Covered Where Car Used For Permitted Purpose, Richard S. Cohen

William & Mary Law Review

No abstract provided.